Terms and Conditions of Trading

Pencil & Oak

These Terms and Conditions of Trading apply to all consumer contracts between Pencil and Oak and our subcontractors (“us/we/our”) and the Customer (“you/your”) in relation to sales of goods and services for all orders placed in or via our shop or through the web page.

1. Product Specifications

1.1 We have a policy of continuous product development and reserve the right to amend the specification of products without prior notice in relation to future sales.

1.2 All furniture is handmade and thus unique and cannot be precisely reproduced.

1.3 Some furniture has quality natural wood exposed, for example legs. Some woods will discolour with age and exposure to sunlight.

1.4 Leather goods are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will discolour with age and exposure to sunlight and heat.

1.5 We will endeavour to match the colour and texture of the furniture as accurately as possible, but variations in both the colour and texture may occur. Pencil & Oak cannot guarantee the colour, grain, or tint of any wood or leather

1.6 The lead time on all orders is 4 -10 weeks from the date ordered, keep in mind that the date ordered will not be the same as the date invoiced, but rather the date the payment reflects on our bank statements.

1.7 Leathers such as Oryx and Kudu WILL have a lot of scratch marks due to the wild nature of the animal, in most cases the leather WILL have bullet holes, moles, chaffing and small holes and it should be understood that it is part of the appeal of the leather, under no circumstances whatsoever will Pencil and Oak cut around the bullet holes, moles, scratches, chaffing, small holes or any other natural mark that the leather contain. Because Kudu and Oryx are smaller than Bovine it takes more skins to make up a furniture piece, this means that there will be colour variations in the different skins, even if it comes from different animals from the same species.

2. Measurements

2.1 It is your responsibility to ensure that the furniture ordered will pass freely through into your room of choice.

2.2 Please note that the delivery charge includes no allowance for the removal of doors, windows or other fixtures unless specifically stated on your invoice. You should allow a reasonable amount of time for this work to be carried out and any work will be subject to an additional charge.

2.3 The measurements of all furniture and furnishings made by us will be as accurate as possible but is nevertheless approximate.

3. Prices and Quotations

3.1 All prices include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.

3.2 Quotations are valid for 7 days from the date issued after which it will be subject to withdrawal or alteration by Pencil and Oak.

3.3 All distributed Pencil and Oak publications are maintained as sources of general information and are not binding in any way.

4. Payments and acceptance of Contract

4.1 All orders have 50% of the total amount payable taken at the point of order. The deposit is not refundable with cancellation of a custom order for any reason whatsoever.

4.2 It is your responsibility to ensure that all the details on the invoice is correct and complete and acknowledge that you are aware that Pencil and Oak sales-persons have no authority to vary these terms or conditions of sale and Pencil and Oak assumes no liability and shall not be bound by any statements, warranties or representations made by such sales-persons save as expressly stated in writing and signed by a manager or director of the Company, duly authorised.

4.3 E. & O.E. (Errors & Omissions Excepted)

4.4 We are entitled to refuse any order placed by you.

4.5 The balance as well as the delivery cost is payable before delivery unless otherwise stated on the invoice.

4.6 All payments are to be made in terms of the conditions stipulated on this contract.

5. Delivery

5.1 Our deliveries are outsourced to a third-party company. A standard fee of 6% of the total invoice amount will be charged for delivery to all major cities. For non-standard deliveries (e.g., small towns, awkward access, stairs, over walls, removal of doors, window deliveries etc.) an additional charge will be applicable. All deliveries are to be paid C.O.D before any furniture is offloaded.

5.2 Once the furniture is finished, Pencil and Oak representative will contact you to arrange delivery. Pencil and Oak cannot be held responsible for a delivery being late due to the third-party delivery company.

5.3 We are unable to store your order and must be able to deliver the furniture into your home within 14 days thereafter, unless otherwise stated on your invoice. If we are unable to do so due to your default, charges will be incurred, payable prior to delivery. We will advise you of this charge at the relevant time. After the expiry of 2 months your order shall be cancelled, and we shall return the balance of the monies due to you, less the deposit and an administration charge of R500.00 and any charges incurred.

5.4 A standard delivery and installation is when your furniture will fit freely and easily into your room of choice. Standard delivery is a two-man service. We will deliver the items to the room of choice.

5.5 Access. It is your responsibility to ensure that the furniture ordered will pass freely through into your room of choice. Our standard delivery charges include no allowance for removal of doors, windows or other fixtures.

5.6 Any changes made by you to the content of your order will impact on your delivery date. We will notify you of any delays as a result of those changes once known.

5.7 If you are unable, for whatever reason, to take delivery of your goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries.

5.8 You are responsible for providing a safe and reasonable means of access from the public highway to the place of delivery. If our delivery staff considers that access is unsafe, then we will not deliver the goods until safe access is provided. You are obliged to provide any required parking permits in advance. The onus to protect your property at point of delivery i.e. covering floors/carpets and removing breakable items that may impede the route, is your responsibility to avoid accidental damage during the delivery process.

5.9 If we are unable to deliver the goods due to there being no safe or reasonable means of access to the place of delivery, the goods will be returned to the warehouse and should be collected by you under the same terms as those mentioned in section 5.3

5.10 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof.

5.11 Time of delivery is not of the essence in these Terms and Conditions of Trading. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Pencil and Oak or delay due to any reasonable rescheduling of delivery.

5.12 All parties hereto choose domiciliumcitandi et executandi for all notices and processes at the physical or postal address as recorded on the invoice document.

6. Guarantees

6.1 Proof of purchase must be retained by you and is required for any guarantee to take effect. Pencil and Oak will not be responsible for finding your invoice.

6.2 Our leather furniture carries a 5-year frame and stitching guarantee (carry-in-guarantee) against faulty workmanship and/or faulty materials, with the exception of fillings, coverings and legs. Leather does not carry a guarantee and WILL stretch with time, this is natural, and Pencil and Oak will not take any responsibility for this happening.

6.3 All wooden furniture carries a 1-year guarantee, (carry-in-guarantee) on the condition that the furniture only used under normal conditions and not abused in any way, see section 6.6 for a more detailed explanation. Wood is a natural product and may crack or bend over time due to a natural drying process. Pencil & Oak will assist in any way we can to repair or fill cracks caused by the natural drying process.

6.4 Guarantees may not be transferred.

6.5 Guarantees only apply if the items are returned to the store where the order was placed, an optional “on-site warranty” can be added to the invoice and will cover the collection and return of any items within a 100km radius from the warehouse.

6.6 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.


7. Claims Under Guarantee

7.1 In the event of a claim under guarantee occurring please contact us with the following information: – your sales invoice number, your address and contact details and a summary of the problem. The claim will then be assessed and if found to be valid, an appropriate resolution will be provided to resolve matters.

7.2 Upon proof of fault we will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a full or partial refund dependant on the age of the goods. A collection fee, equivalent to the delivery fee may be charged unless the “on-site warranty” option was selected and paid for at the time the sales invoice was generated.

7.3 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged, or wrongly delivered goods, over and above the value of the goods themselves.

7.4 Our guarantees are limited to goods sold and retained in South Africa and used solely for private and domestic purposes.

7.5 If you remain dissatisfied with our final response, you may refer your complaint to The Offices of the Ombudsman, and we are bound to follow any decision that they make.

8. Extended Guarantee

8.1 The extended guarantee can be purchased for an additional 5% of the total invoice amount and will give you a further 2-year guarantee on the items purchased on that invoice. This guarantee does not affect the carry in status of the original guarantee in any way. The extended guarantee can be combined with the On-site warranty mentioned in 6.5

8.2 The extended guarantee may not be transferred.

9. Returns

9.1 Our Returns policy only applies to your order if the goods have not been custom made to your specification, the item was not discounted, was not on sale, or the product was not sourced, created, or altered specifically for you.

9.2 A 20% handling fee of the total invoice amount is applicable if a cancellation occurs due to the furniture not fitting into your home.

9.3 If you wish to return your goods it is your responsibility to take good care of the furniture and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you return the goods in appropriate packaging.

9.4 A second charge will be applied for the collection of the goods, this will be equivalent to the delivery charge paid. Alternatively, you can return the goods to the shop where the order was placed where no second charge will be made.

9.5 Any furniture you order with additional options selected is custom made for you and as such once successfully delivered and signed for, the furniture may not be returned, nor will we provide any refund unless it is defective or has been accidentally damaged by us during delivery.

9.6 Following cancellation of your order any monies paid will be refunded by the method you used to pay and within 14 days and only after the furniture has been inspected by a manager and found to be in perfect condition. If the purchase was made by Debit card an additional 5% cancellation fee will be applicable.

9.7 Should you have any other queries or complaints, please contact us at info@pencilandoak.co.za

9.8 You consent to the jurisdiction of the Magistrate’s Court having jurisdiction over you, irrespective of the amount in dispute. All costs and disbursements, including attorney and own client costs incurred by Pencil and Oak in enforcing its rights in terms hereof, including but not limited to the collection, commission, and tracing fees shall be borne by you.